A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §21-16-1, §21-16-2,
§21-16-3, §21-16-4, §21-16-5, §21-16-6, §21-16-7, §21-16-8,
§21-16-9, §21-16-10 and §21-16-11; and by adding thereto a new
article, designated §29-3E-1, §29-3E-2, §29-3E-3, §29-3E-4,
§29-3E-5, §29-3E-6, §29-3E-7, §29-3E-8 and §29-3E-9, all
relating to regulating persons who perform work on heating,
ventilating and cooling systems and fire dampers; requiring
persons who perform work on heating, ventilating and cooling
systems to be licensed by the Commissioner of Labor; requiring
persons who perform work on fire dampers to be licensed by the
State Fire Marshal; providing for exemptions from licensure;
authorizing the commissioner to promulgate legislative rules;
authorizing the State Fire Marshal to promulgate legislative
rules; authorizing enforcement procedures; authorizing
interagency agreements; authorizing the issuance, renewal,
denial, suspension and revocation of licenses; providing for
criminal penalties; providing that no political subdivision of
the state may mandate additional licensing requirements; and
providing for the disposition of fees.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §21-16-1, §21-16-2,
§21-16-3, §21-16-4, §21-16-5, §21-16-6, §21-16-7, §21-16-8, §21-16-9, §21-16-10 and §21-16-11; and by adding thereto a new article,
§29-3E-1, §29-3E-2, §29-3E-3, §29-3E-4, §29-3E-5, §29-3E-6, §29-3E-7, §29-3E-8 and §29-3E-9, all to read as follows:

CHAPTER 21. LABOR

ARTICLE 16. REGULATION OF HEATING, VENTILATING AND COOLING WORK.

§21-16-1. Declaration of purpose.

The provisions of this article are intended to protect the
health, safety and welfare of the public as well as public and
private property by assuring the competence of those who perform
work on a heating, ventilating and cooling system through licensure
by the Commissioner of Labor.

§21-16-2. Definitions.

As used in this article:

(a) “Perform work on a heating, ventilating and cooling
system” means to install, maintain, alter, remodel or repair one or
more components of a heating, ventilating and cooling system.

(b) “Heating, ventilating and cooling system” means equipment
to heat, cool or ventilate residential or commercial structures,
comprised of one or more of the following components:

(1) “Heating system” means a system in which heat is
transmitted by radiation, conduction or convection, or a
combination of any of these methods, to the air, surrounding
surfaces, or both, and includes a forced air system that uses air
being moved by mechanical means to transmit heat, but does not
include a fireplace or woodburning stove not incorporated into or
used as a primary heating system;

(2) “Ventilating system” means the natural or mechanical
process of supplying air to, or removing air from, any space
whether the air is conditioned or not conditioned, at a rate of
airflow of more than 250 cubic feet per minute; and

(3) “Cooling system” means a system in which heat is removed
from air, surrounding surfaces, or both, and includes an air-conditioning system.

(c) "License" means a valid and current license issued by the
Commissioner of Labor in accordance with the provisions of this
article.

(d) “Single family dwelling” means a building which is
occupied as, or designed or intended for occupancy as, a single
residence for one or more persons.

§21-16-3. License required; exemptions.

(a) On and after January 1, 2016, a person performing or
offering to perform work on a heating, ventilating and cooling
system in this state shall have a license issued by the
Commissioner of Labor, in accordance with the provisions of this
article.

(b) A person licensed under this article shall carry a copy of
the license on any job in which heating, ventilating and cooling
work is being performed.

(c) This article does not apply to:

(1) A person who personally performs work on a heating,
ventilating and cooling system in a single family dwelling owned by
that person or by a member of that person’s immediate family;

(2) A person who performs work on a heating, ventilating and
cooling system at a manufacturing plant or other industrial
establishment as an employee of the person, firm or corporation
operating the plant or establishment; or

(3) A person who performs only electrical or plumbing work on
a heating, ventilating and cooling system, so long as the work is
within the scope of practice which the person is otherwise licensed
or authorized to perform.

§21-16-4. Licensure requirements.

(a) To be licensed as a heating, ventilation and cooling
technician-in-training, a person shall demonstrate an interest in
and aptitude for heating, ventilating and cooling work but who
alone is not capable of performing heating, ventilating and cooling
work, and who has fewer than eight thousand hours of heating,
ventilating and cooling work experience.

(b) To be licensed as a journeyman heating, ventilation and
cooling technician, a person shall demonstrate competency to
instruct and supervise the work of a heating, ventilation and
cooling technician-in-training, and have at least eight thousand
hours of heating, ventilating and cooling work experience.

(c) To be licensed as a master heating, ventilation and
cooling technician, a person shall demonstrate competency to design
heating, ventilating and cooling systems and to instruct and
supervise the work of a heating, ventilation and cooling
technician-in-training and a journeyman heating, ventilation and
cooling technician, and have at least ten thousand hours of
heating, ventilating and cooling work experience.

§21-16-5. Scope of practice.

(a) A heating, ventilation and cooling technician-in-training
is authorized to assist in providing heating, ventilating and
cooling work only under the direction and control of a journeyman
heating, ventilation and cooling technician or a master heating,
ventilation and cooling technician.

(b) A journeyman heating, ventilation and cooling technician
is authorized to provide heating, ventilating and cooling work only
under the direction and control of a master heating, ventilation
and cooling technician.

(c) A master heating, ventilation and cooling technician is
authorized to provide heating, ventilating and cooling work without
supervision.

(d) Persons licensed under this article are subject to the
applicable provisions of the Contractor Licensing Act in article
eleven of this chapter in the performance of work authorized by
this article.

§21-16-6. Rule-making authority.

The Commissioner of Labor shall propose rules for legislative
approval, in accordance with the provisions of article three,
chapter twenty-nine-a of this code, for the implementation and
enforcement of the provisions of this article, which shall provide:

(1) Standards and procedures for issuing and renewing
licenses, applications, examinations and qualifications;

(2) Reciprocity provisions;

(3) Procedures for investigating complaints and revoking or
suspending licenses, including appeal procedures;

(4) Fees for issuance and renewal of licenses and other costs
necessary to administer the provisions of this article;

(6) Enforcement procedures; and

(7) Any other rules necessary to effectuate the purposes of
this article.

§21-16-7. Enforcement; interagency agreements authorized.

(a) The Commissioner of Labor and his or her Deputy
Commissioner or any compliance officer of the Division of Labor as
authorized by the Commissioner of Labor may enforce the provisions
of this article and may, at reasonable hours, enter any building or
premises where heating, ventilating and cooling work is performed
and issue cease and desist orders for noncompliance.

(b) The Commissioner of Labor may enter into an interagency
agreement with the State Fire Marshal for the mutual purpose of
enforcing the provisions of this article and the provisions of
article three-e, chapter twenty-nine of this code.

§21-16-8. Denial, suspension and revocation of license.

(a) The Commissioner of Labor may deny a license to any
applicant who fails to comply with the provisions of this article
or the rules established by the Commissioner of Labor or who lacks
the necessary qualifications.

(b) The Commissioner of Labor may, upon complaint or upon his
or her own inquiry, and after notice to the licensee, suspend or
revoke a licensee̓s license if:

(1) The license was granted upon an application or documents
supporting the application which materially misstated the terms of
the applicant̓s qualifications or experience;

(2) The licensee subscribed or vouched for a material
misstatement in his or her application for licensure;

(3) The licensee incompetently or unsafely performs heating,
ventilating and cooling work; or

(4) The licensee violated any statute of this state, any
legislative rule or any ordinance of any municipality or county of
this state which protects the consumer or public against unfair,
unsafe, unlawful or improper business practices.

§21-16-9. Penalties.

(a) On and after January 1, 2016, a person performing or
offering to perform, or an employer authorizing a person not exempt
by the provisions of section three of this article, to perform,
heating, ventilating and cooling work without a license issued by
the Commissioner of Labor, is subject to a cease and desist order.

(b) A person continuing to perform, or an employer continuing
to authorize a person not exempt by the provisions of section three
of this article, to perform, heating, ventilating and cooling work
after the issuance of a cease and desist order is guilty of a
misdemeanor and, upon conviction thereof, is subject to the
following penalties:

(1) For the first offense, a fine of not less than $200 nor
more than $1,000;

(2) For the second offense, a fine of not less than $500 nor
more than $2,000, or confinement in jail for not more than six
months, or both fine and confinement;

(3) For the third and subsequent offenses, a fine of not less
than $1,000 nor more than $5,000, and confinement in jail for not
less than thirty days nor more than one year.

(c) A separate offense means each day, after official notice
is given, that a person performs or that an employer authorizes a
person, not exempt by the provisions of section three of this
article, to perform, heating, ventilating and cooling work that is
unlawful or is not in compliance with this article.

(d)(1) The Commissioner of Labor may institute proceedings in
the circuit court of Kanawha County or of the county where the
alleged violation of the provisions of this article occurred or are
occurring to enjoin any violation of any provision of this article.
(2) A circuit court may by injunction compel compliance with
this article, with the lawful orders of the Commissioner of Labor
and with any final decision of the Commissioner of Labor.

(3) The Commissioner of Labor shall be represented in all such
proceedings by the Attorney General or his or her assistants.

(e) Any person adversely affected by an action of the
Commissioner of Labor may appeal the action pursuant to chapter
twenty-nine-a of this code.

§21-16-10. Inapplicability of local ordinances.

On and after January 1, 2016, a political subdivision of this
state may not require, as a condition precedent to the performance
of work on heating, ventilating and cooling in the political
subdivision, a person who holds a valid and current license issued
under this article, to have any other license or other evidence of
competence to perform work on heating, ventilating and cooling
systems.

§21-16-11. Disposition of fees.

All fees paid pursuant to this article, shall be paid to the
Commissioner of Labor and deposited in a special revenue account
with the State Treasurer for the use of the Commissioner of Labor
to enforce the provisions of this article.

CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.

ARTICLE 3E. REGULATION OF FIRE DAMPER WORK.

§29-3E-1. Declaration of purpose.

The provisions of this article are intended to protect the
health, safety and welfare of the public as well as public and
private property by assuring the competence of those who perform
fire damper work through licensure by the State Fire Marshal.

§29-3E-2. Definitions.

As used in this article:

(a) “Fire damper” means a passive fire protection device used
in heating, venting and cooling equipment or system ducts to
prevent the spread of fire inside the ductwork through fire
resistance rated walls and floors, activated to closure by a
thermal element or upon receipt of an electrical signal from a fire
alarm system.

(c) "License" means a valid and current license issued by the
State Fire Marshal in accordance with this article.

(d) “Single family dwelling” means a building which is
occupied as, or designed or intended for occupancy as, a single
residence for one or more persons.

§29-3E-3. License required; exemptions.

(a) On and after January 1, 2016, a person performing or
offering to perform fire damper work in this state shall have a
license issued by the State Fire Marshal, in accordance with this
article: Provided, That a person may not be licensed to perform
fire damper work in this state without first being licensed as a
journeyman heating, ventilation and cooling technician or a master
heating, ventilation and cooling technician pursuant to the
provisions of article sixteen, chapter twenty-one of this code.

(b) A person licensed under this article shall carry a copy of
the license on any job in which fire damper work is being
performed.

(c) This article does not apply to:

(1) A person who personally performs fire damper work on a
single family dwelling owned by that person or by a member of that
person’s immediate family; or

(2) A person who performs fire damper work at any
manufacturing plant or other industrial establishment as an
employee of the person, firm or corporation operating the plant or
establishment.

§29-3E-4. Rule-making authority.

The State Fire Marshal shall propose rules for legislative
approval, in accordance with the provisions of article three,
chapter twenty-nine-a of this code, for the implementation and
enforcement of this article, which shall provide:

(1) Standards and procedures for issuing and renewing
licenses, applications, examinations and qualifications: Provided,
That the rules require a person to be licensed as a journeyman
heating, ventilation and cooling technician or a master heating,
ventilation and cooling technician pursuant to article sixteen,
chapter twenty-one of this code and the rules promulgated pursuant
thereto, before being granted a license to perform fire damper work
pursuant to this article;

(2) Reciprocity provisions;

(3) Procedures for investigating complaints and revoking or
suspending licenses, including appeal procedures;

(4) Fees for testing, issuance and renewal of licenses and
other costs necessary to administer the provisions of this article;

(5) Enforcement procedures; and

(6) Any other rules necessary to effectuate the purposes of
this article.

§29-3E-5. Enforcement; interagency agreements authorized.

(a) The State Fire Marshal and his or her Deputy Commissioner
or any compliance officer as authorized by the State Fire Marshal
may enforce the provisions of this article, and may, at reasonable
hours, enter any building or premises where fire damper work is
performed and issue cease and desist orders for noncompliance.

(2) The State Fire Marshal may enter into an interagency
agreement with the Commissioner of Labor for the mutual purpose of
enforcing this article and article sixteen, chapter twenty-one of
this code.

§29-3E-6. Denial, suspension and revocation of license.

(a) The State Fire Marshal may deny a license to any applicant
who fails to comply with the rules established by the State Fire
Marshal, or who lacks the necessary qualifications.

(b) The State Fire Marshal may, upon complaint or upon his or
her own inquiry, and after notice to the licensee, suspend or
revoke a licensee̓s license if:

(1) The license was granted upon an application or documents
supporting the application which materially misstated the terms of
the applicant̓s qualifications or experience;

(2) The licensee subscribed or vouched for a material
misstatement in his or her application for licensure;

(4) The licensee violated any statute of this state, any
legislative rule or any ordinance of any municipality or county of
this state which protects the consumer or public against unfair,
unsafe, unlawful or improper business practices.

§29-3E-7. Penalties.

(a) On and after January 1, 2016, a person performing or
offering to perform, or an employer authorizing a person not exempt
by the provisions of section three of this article, to perform,
fire damper work without a license issued by the State Fire
Marshal, is subject to a cease and desist order.

(b) A person continuing to perform, or an employer continuing
to authorize a person not exempt by the provisions of section three
of this article, to perform fire damper work after the issuance of
a cease and desist order is guilty of a misdemeanor and, upon
conviction thereof, is subject to the following penalties:

(1) For the first offense, a fine of not less than $200 nor
more than $1,000;

(2) For the second offense, a fine of not less than $500 nor
more than $2,000, or confinement in jail for not more than six
months, or both fine and confinement;

(3) For the third and subsequent offenses, a fine of not less
than $1,000 nor more than $5,000, and confinement in jail for not
less than thirty days nor more than one year.

(c) A separate offense means each day, after official notice
is given, that a person performs, or that an employer authorizes a
person not exempt by the provisions of section three of this
article, to perform fire damper work that is unlawful or is not in
compliance with this article.

(d)(1) The State Fire Marshal may institute proceedings in the
circuit court of Kanawha County or of the county where the alleged
violation of the provisions of this article occurred or are
occurring to enjoin any violation of any provision of this article.
(2) A circuit court may by injunction compel compliance with
this article, with the lawful orders of the State Fire Marshal and
with any final decision of the State Fire Marshal.

(3) The State Fire Marshal shall be represented in all such
proceedings by the Attorney General or his or her assistants.

(e) Any person adversely affected by an action of the State
Fire Marshal may appeal the action pursuant to chapter twenty-nine-a of this code.

§29-3E-8. Inapplicability of local ordinances.

On and after January 1, 2016, a political subdivision of this
state may not require, as a condition precedent to the performance
of fire damper work in the political subdivision, a person who
holds a valid and current license issued under article twenty-nine-a, to have any other license or other evidence of competence to
perform fire damper work.

§29-3E-9. Disposition of fees.

All fees paid pursuant to this article, shall be paid to the
State Fire Marshal and deposited in a special revenue account with
the State Treasurer for the use of the State Fire Marshal as
provided in subsection (c), section twelve-b, article three of this
chapter.

NOTE: The purpose of this bill is to regulate persons who
perform work on heating, ventilating and cooling systems and fire
dampers. It requires persons who perform work on heating,
ventilating and cooling systems to be licensed by the Commissioner
of Labor and persons who perform work on fire dampers to be
licensed by the State Fire Marshal. The bill authorizes the
Commissioner and State Fire Marshal to promulgate legislative
rules. It provides enforcement procedures; authorizes interagency
agreements; and the issuance, renewal, denial, suspension and
revocation of licenses. The bill provides for criminal penalties.
It also provides that no political subdivision of the state may
mandate additional licensing requirements.